The Sun. — London, England, 1864-11-18 00:00:00

THE SOUTHERN CONFEDERACY. (From a Correspondent of the Times) COLUMBIA, SOUTH CAROLINA, Sept. 23. I write from the capital of the state of South Ca rolina, one of the fairest towns of the Confederate States, 200 miles from the army of Gen. Hood, and over 490 from the forces under command of General Lee, and from Charleston distant some 120 miles. Although the war has raged for now nearly four years, the State of South Carolina almost alone has been exempted from the unwelcome presence of the enemy, and were it not for the many crippled sol• diem the eye meets in the streets of this town, one might suppose himself to be in the midst of peace and plenty. Nearly one month has now elapsed since General Sherman took possession of Atlanta, a central town in the northwestern portion of the State of Georgia, and as yet nothing indicates that the Federal gene. ral is about to take that advantage of his success which his own laudations to his army led us to ex pect would surely follow. On the other hand, the Confederates have borne their reverse with great fortitude; their army is perfectly intact, and un. donbtedly ready to meet the enemy on his advance. Gen. Sherman's success does not repay him for the extraordinary loss of 60,000 men his army has sus tained since he left his base of operations at Chat tanooga upon his march to the objective point, At• lenta. That this loss is as great as has been stated there cannot be the shadow of a doubt. Muster rolls of the enemy recently obtained by Gen. Hood and which were by him compared with the data he possessed of the original strength of the Federal army, disclose the startling fact of a loss of nearly two-thirds to the Federal ranks, although many regiments had previously been recruited to their full authorised strength in the Northern States. There is no hesitation in stating that since his suc cess General Sherman, far from being able to pro. secute his march, now finds himself both unable to advance, and doubtful what to do. Vastly superior in strength hitherto to his gallant adversary, he has by dint of well-executed flanking manoeuvres forced the Confederate generals back upon Atlanta—but now, when the casualties of war have reduced his host to nearly the strength of the Confederates, he prudently hesitates and awaits reinforcemente r thus not only giving to the Confederates time to recupe rate, but also exposing himself to the imminent dangers even now culminating in his rear. The necessitj of halting after reaching the objec tive point,when his adversary is still unbroken and in the highest state of discipline, encamped within a few miles, has furnished the excuse to General Sherman of perpetrating one of the most extraordi nary actions the history of any nation presents—l mean the ordering of the entire population of a city to leave their homes and all they possess—old men, women, and children, and when the rigorous season is already near at hand and the horrors of famine staring these unfortunate beings in the face. This unexampled severity was based upon the plan of the " necessities " of the United States, but, in fact, is only a strong indication of his military weakness and gloomy anticipations. It will be recollected how much the reputation of Marshal Davoust suf. fered when, in order to hold the city of Hamburg against the Russian General Benningsen, he or dered the exile of some 20,000 of its inhabitants during the severe wiutur of 1813.14, and how much this cruelty contributed in rousing the spirit of the German people. For Marshal Davoust, what. ever bitter pangs he inflicted upon that unfortunate population, some excuse may yet be found. When• ever we concede it to be one of the first duties of a commander to preserve his troops by all pos. bible means, we must confess, if his action was bitterly felt, it was necessary to keep together his army. It was in absolute danger of starvation, and the expulsion of 20,000 non-combatants from a beleagured fortress not only materially prolonged his defence, but obviated a surrender. Gen. Sherman has no such grounds of excuse. He neither holds a fortress nor are his troops in danger of starvation. His act must be characterised by every impartial judge as one of atrocious cruelty, and so it will be recorded in history. Gen. Hood, who had no voice in the matter, was obliged to accept the exiled popu lation, and has done everything to relieve the imme diate necessities of these poor homeless wanderers. It may be asked in England, how is it that Gcn. Sherman was permitted unmolested to advance on both sides of the railway which connects his bnse with his objective point ; it being, moreover, the only line of communication which supplied him materials of war ? Was there no possibility of cuts ting th e communication and delivering Gen, Sher man over to the horrors of a retreat through mono• 'rains and defiles which might have become as disastrous as any operation the annals of warfare have chronicled ? It is now well known that whsn Gen. Joseph E. Johnston assumed the command of the Army of Tennessee, after Gen. Braxton Bragg's withdrawal, the former urgently and repeatedly requested that his corps of cavalry might be increased, represent. ing that, as he had barely sufficient to cover his flanks, none was left him to harass Gen. Sherman's rear and break upon his line of operation. This application does not appear to have been answered at Richmond in any practical manner, the Govern. ment, 600 miles away from the seat of war, believing, in imitation of the celebrated Aulic Council, that Gen. Johnston could not estimate his own wants, and to the neglect of this important request the fall of Atlanta must now be ascribed. The demonstra. Cons of Gen. Johnston were necessarily few and feeble ; he contented himself with holding the enemy in check along the extent of his line, and to save himself from being flanked, step by step, with , inimitable sang froid and success, fell back upon Atlanta. This continued retreating on the part of General Johnston at last, and needlessly, as the sequel showed—for Atlanta was given up after all —alarmed the people, and it Was even rumoured that the steadiness of the army was affected, which, however, I have no sufficient grounds for crediting. General Bragg at this crisis, in his capacity of Com mander-in-Chief of the Confederate forces, repaired to Atlanta, consulted with General Johnston, who would not give the unqualified assurance required to hold Atlanta. and hence his removal and the ap pointment of General Hood to the command of the Army of Tennessee. This young general, but little over 30 years of age, who, whatever his military talents may be, is not surpassed by any Confederate general in point of bravery, was willingly received by the people and the army, and all needful sup - port was cheerfully given him. Since the loss of Atlanta, however, a reaction has taken place, and I should not be surprised if the Confederate executive was forced either to reappoint Johnston or to pro. mote General Beauregard to the command of an independent army. Whether now General Hood gave his unqualified promise to hold Atlanta, we have no means of ascertaining. At any rate, he at once repaired the supposed omission of the former commander-in chief, and, it is charged, sent his whole cavalry to the roar, uncovered his flanks, and permitted General Sherman to press him to the south of Atlanta. It is, morever, stated the Confederate general committed another blunder — viz., that of dividing his forces, which led to the overpowering of General Hardee, who had been sent to cover the railway to Macon. The Fede• ral general solely attributes his success to the uncovering of General Hood's flanks. As the Confederate Government has long since ceased to permit the publication of the military reports of its generals, es 3 are obliged for th e pre. s e nt to rely almost entirely upon newspape r reports and the statements of the Federals, both, we have often experienced, not always to be implicitly adopted. Three principal railways issue from Atlanta. The first line leads to the south-west, and unites the city with Montgomery end Mobile, both in Alabama. It is now in the possession of the Federals. Th e second line runs in a southern direction to Macon, another railway centre in the State of Georgia, whence it proceeds to the seaport of Savannah. Upon this railroad, some 30 miles to the south of Atlanta, now rests the left flank of Gcn. Hood. The third railway, and in my estimation the most important line, leads to Augusta, in Georgia,thence to Columbia, in South Carolina, and is the direct line to the capital of the Confederacy, Richmond. Upon this road, 20 miles to the east . of Atlanta, now rests the extreme right of Gen. Hood's forces. It will therefore appear that Gen. Hood has uninterrupted communication both with Macon - and Augusta. Although the first line enumerated is in possession of the Federals, and severs his direct communication with the Gulf of Mexico, the resources of that favoured region are still open to him by means of the railway which passes through Macon and Columbus onward to Mo• bile. Macon will undoubtedly be the further objective point of the Federal general, for with its possession two-thirds of the State of Georgia will be overrun, the rear of Mobile threatened, and the great re sources of the Gulf country lie at his feet—a prize dazzling enough to plunge into a winter campaign. However, the contemplation of his present position at Atlanta cannot fail to inspire Gen. Sherman with serious apprehensions. Gen. Wheeler, with a large force of cavalry, is still in his rear, and the railway since the fall of Atlanta has several times been cut. General Wheeler could find no more fruitful theatre of operations, and he will, if all they say in his favour be true, continue to harass Gen. Sherman's rear with the efficiency and dash claimed for him by his admirers. If so, the fruits of his operations ought soon to be apparent, Bald partisan bands will have a splendid chance to cause the Federal general to wish that he were again in Chatta nooga ; I should, indeed, be very much mistaken in the spirit of the Confederates if they did not con. trive to keep Sherman's vital line of supply con tinually at hazard, and effect at length its utter destruction. In a recent letter, which, by•the-way, reads like an open•faced petition for promotion, a Federal Brigag dier•General Seymour, lately a prisoner of war at Charleston, and whose opportunities for observation from a prison window must have been very great indeed, assures the people of the North that the Sonthrons are about giving up the contest by reason of the exhaustion in men and material of war. In an extract from a letter—as he pretends handed to him stealthily by some weak-kneed Con federate—he attempts to show that there is much dissatisfaction among the people, and that thousands of malcontents only await the martial tread of his legions to return to the bosom of Father " Abraham." Candour and a spirit of justice compel me to bestow some notice upon the singular fabrication of Gen. Seymour, which but for his glaring mis-statements it would not otherwise have received. The fact is, there lies a distance of over 600 miles between the two main armies the Confederates have contrived thus far to keep in the field. Be tween them there stretches a country not easily rivalled in point of fertility and power of resources —a country which in extent equals the area of the kingdom of Prussia. From this region the main supplies have for one year past been furnished to these two great armies. It is therefore not likely that with this territory undiminished, and a harvest much more plentiful than that of last year, either the army or people will be in any way embarrassed for supplies. Even were this not so, a knowledge of the country yet untouched in resources in Vir. ginia and Tennessee enables me to say that it would suffice to feed the army of General Lee, while General Hood has at his back the States of Florida, Alabama, and Mississippi almost entirely free from Federal invasion. This region is in extent nearly equal to the kingdom of Spain. But suppose the Confederates were driven from both Virginia and Georgia, and in their last effort either conquered or dispersed in South or North Carolina, there is still the magnificent domain of Texas, Louisiana, Arkansas, and Missouri, in extent vaster than the whole Austrian monarchy and the kingdoms of Italy and Greece combined, now likewise almost free from Federal invasion and full of resources to which the Confederate Government is fully deter mined to repair should, what is quite improbable, its forces be overwhelmed east of the Mississippi. In point of materials of war the Richmond Go vernment has created foundries, arsenals, and mills; indeed, besides numerous military manufacturing establishments throughout the country, the Confe. derates possess a powder mill at Augusta which alone is capable of supplying the army and navy. Whoever, therefore, speaks of exhaustion with this wonderful peop'o does not know the extent of the remarkable resources at command of the authorities, the vast stores of cotton and tobacco yet intact, entirely disregarded. Bat the most obvious danger which threatens to weaken the military strength of the Confederacy is the decrease in men. The drain upon the popu lation has been terrible, and is daily augmenting ; 200,000 victims are estimated to have fallen in this four years' struggle, and everywhere cripples may be seen whose torn bcdies testify to the frightful carnage of the war and the power of modern pro jectiles. Still, two great armies are maintained, with detachments and garrisons in many places which combined :would make a third. That this drain must eventually be seriously felt there cannot be a doubt ; the natural increase of population under these circumstances has its limits, but this, it may be argued, affects the Northern fighting strength alike with the Confederates. Judging from the thronged appearance of every town and village where trade still flourishes, there seems to be abun dant material at hand, for, mingling with invalids, strong, hardy men may everywhere be seen with apparently no tangible occupation. This fact is made the basis of attacks against the Government of Mr Davis, who is accused of favouritism ; it may be this is right; still, it seems a cruel thing to sup pose Mr. Davis capable of such conduct when his armies neekreinforcements sorely. 140,000 able bodied men are detailed to supervise the operations of their farms and plantations, 50,000 are exempted from service because they are State officers, and it is estimated over 100,000 young men between 17 and 18 years of age become liable to conscription in 1865, and whose enrolment has already been ordered by the Secretary of War. Looking, therefore, at these figures, which I have obtained from good au thority, there is certainly no danger of exhaustion of men at present, and the armies of 1865, if, as the Opposition papers call for, radical measures are adopted must become vastly superior in strength to those of 1864. The second point General Seymour made was the discontent which he says prevails among the people. This is answered by the fact of the late State elect tion of a Governor of North Carolina, when a can. didate of a "peace party "was defeated by en over whelming majority of 50,000 votes, because "Peace on any terms" was his watchword. The Confede. rates ardently desire peace, but they are not willing to have it "on any terms." Negcciations with them short of complete independence would be futile. This Gen. M'Clellan, if elected, will find out to his cost. There cannot fail to be discontented persons, but their causes of complaint arise from their dif ference of opinion in regard to administrative de tails, and in no way affect the stability of the great cause the Confederates are fighting for, viz., the independence of their country and the right to self government. After a straggle of now nearly four years the Confederates know too well that nothing but a strong bond, a bandle of fasces which nothing can break, is necessary to achieve the goal of their wishes ; they would, indeed, be bad pupils in the school of adversity had they failed to master so simple a lesson taught by the history of every age. EXTENSIVE DEFALCATION.—OnWednesdayMrW. Oastler, who has been manager of the Worcester Gas the r Gas Works for a number of years, was taken Mayor and magistrates of Worcester, at Guildhall, charged with embezzling moneys belonging to the Worcester Gas Company. The accused has boon for many years the confidential manager of the Worcester Gas Works, and large sums of money paseed through his hands annually. Some suspicion having been latterly excited by his extrava• gent habits and other circumstances, and some erasures hav ing been observed in the bo3ks kept by him, an opportunity was seized during his absence in London cf examining his accounts, when the directors of the company discovered that the account books had been tampered with, certain entries of sums received having been altered by erasing a figure, thus making —say £2 take the place of an entty of £2O. In this manner it was stated that defalcations had been discovered already amounting to upwards of £1,000; but as the accounts are still under investigatian a remand was asked for. Mr J. Reliant, the chairman of the Gas Company, was the only witness examined, and having given formal evidence the prisoner was remanded for a week, He was apprehended in Worcester on Monday night, on his return from London. The affair, in connection with other matters which it was Expected would shortly be brought before one of the legal tribunals in London, has caused great scandal in Worcester. The Davenport Brothers. The following letter has been addressed to the Editor of the Morning Post:— Sir,—lnasmuch as the Brothers Davenport :were hissed off their stage on Tuesday through my instrumentality, and their proceedings designated by an epithet which I will not commit to your pages, probably it may seem fitting that I should give some account of a proceeding not yet pub licly:noticed. Soon after the first announcement of the Brothers Daven port in London, a communication was addressed to them by me, at the request of the editor of the Si. James's Ma gazine, - ;that I would attend a seance and form my own conclusions. Need I remark that bearing in mind the Davenport management affect a certain scientific status, my request: should have been gratefully received and at once complied with. No notice was taken of that communication, and, the circumstance having been subsequently adverted to in your columns, no notice was taken of that. Here, then, possibly the matter might have rested, so far as I am concerned, but for the circumstance that on Mon day the editor of the Leisure Hour requested me to see the various rope' tricks (the Davenport performance among others), and state the results as evidence might warrant me. Accordingly, I proceeded to the Agricultural Hall on Tuesday, paid for admission, entered, and then, politely I hope—desired to be placed in communication with some one properly accredited to converse with me relative to the Da venports. I was introduced to Mr Palmer, explained my object, asked permission to go upon the stage, and went. Having scrutinised tyre legs of the structure, I perceived they were not insulated; insulation, as your readers will remember. having been hitherto pronounced necessary. Re turning to my place amongst the audience, I mentioned the fact of non-insulation to Mr Palmer, who, with sort of em barrassment, replied that "insulation was in a manner unnecessary to-night, the room being so large." I did not recognise the sequence; probably some of your electrical readers will. Presently the spokesman, Fay, went upon the stage, and introduced his preternaturalists. Keeping clear of all posi tive statements as to the nature of the Davenport manifes tations, he begged the audience to choose a committee of two, who should bind the Davenports, observe their mani festations generally, and report. Thereupon (much quioker than saemed accordant 'with good feth) two persons en• tered upon the state, installed themselves into a committee and began to tie the Davenport Brothers, At this there arose a loud protest from a clear majority, who clamoured that I should be one. In deference to their wishes I ascended the stage,to which no immediate objection was made. I requested to be allowed to tie the Brothers Davenport ; it was refused . I requested to be allowed to enter the st ruc t ure w i t h t h em; it was refused. I then said to the Brothers Davenport, " Tell me—for I ask you with a purpose—do you profess to be ignorant of the power by which you effect your manifes tation ?" Answer—" We have a general knowledge." " Then, having a general knowledge only, how comes it that on previous occasions you have affected total ignorance ?" No reply. " I ask you very seriously," continued I, " be cause in the event of your telling me you do not know by what means you accomplish these things, it will be my duty to report concerning you, and to use a designation that will not advance your interest on this side of the Atlantic." " We only know to a certain extent," was the answer, Thereupon my voice was drowned by uproar, and the exhi bition of projecting a bar of metal, bells, &c , from a hole in the " structure" began. As a medical man, I know the use of the stethoscope to in terpret noises within the chest, so I placed my ear close to the wall of the "structure" that I might listen to what was going on within. This occupation of mine did not please the authorities. Presently a heavy bar of metal—falsely called a trumpet—wes protruded and thrown in the direc tion of my head. I simply fenced the thing with my hand, and caught it. I stuck by the structure and would not leave it, Then began the so-called concert ; I remarked that the violin and the guitar were not sounded together. I moreover remarked that the sounds emitted by the guitar were not those of any chord ; and, being a guitarist myself, I am competent to speak with confi dence on that matter. Hands were thrust forth—and no wonder, seeing the inefficient manner in which the Daven ports were bound. One part of the exhibition over, I came to the front, and began to explain to the audience, who had sent me, an ac cour tof my experience, and the results arrived at. There upon personal violence was offered me. My address to the audience could not be heard, and I left the stage. Arrived amongst the audience, they insisted on my ad dressing them ; and, ascending a chair to do so, the organ struck up, and I had to desist. But the audience insisted that the Davenports should disappear, and they had to do so. I was congratulated on all sides by persons wholly strangers to me; and one of the audience introduced him self as an officer in plain clothes, who might possibly, he said, be useful, having heard me threatened by the conic). deracy. lie gave me his name, I find it to be a name which is well known. In conclusion, Sir, permit me to state that I publicly cha racterised the proceedings on Tuesday by an epithet stronger than you would like to pi int. I mean it, however ; and the Brothers Davenport may take any notice t f it they please, as they please, or how they please—if they dare.— I am, Sir, your obedient servant, J. SCOFFERN, M. 8., London. Sir S. Nortlicote on Conservative Reaction. - At one of the Colston anniversary dinners, at Bristol, on Monday, Sir S. IN orthcote referred at some length to the so called " Conservative reaction." He said, if there was a reaction from the unjust depreciation of the Conservative party, which was same time ago set on foot for interested motives by their political opponents—if it was true that people were beginning to find there was some liberality in the Conservative party, and not that all the virtues in the world were to lee found in the party which had usurped the title of Liberal, then he was glad that there was a Conser vative reaction; but if it was meant that there was any dis position on the part of that party to retrace its steps and undo the great measures adopted in the country, he was bound to believe that there was not any such reaction in the first place, nor did ho believe any such feeling, if it were in existence, would be desirable or possible. He believed that the Conservative party in the country were as much and more interested in the progress of the country and in the promotion of safe and necessary reforms as any other party which they might name in the political world; for only let them consider what the case was. There were two classes of reform; there was Conservative Reform, and Radical, or destructive Reform. If they wished to preserve their institutions they must adapt them to the demands of the day; they wished to get rid of them and put others in their place, they were not anxious to reform them, but they would let them go to pieces and decay as fast as passible. He believed they would find the Conservative party would carry on the work of reform as no other pasty in the United Kingdom did. (Cheers.) What they complained in the pre sent state of things was there was at the head of affairs a Ministry which was not Liberal or Conservative on its own opinions, but which stood by the support of the extreme party that liked to support extreme measures. That was a desti uotive, state of things, and they wanted to introduce a stronger party, which could carry out its own measures. There was abundance of work for them to do, end abund ance of questions unsettled which needed to be settled. There were questions of foreign policy, of financial policy, of Church and State—all in their turn demanding urgent settlement, which could not be left unsettled without dan ger to the State, and which it was not safe to leave in the hands of men who were so little able to know their own minds as the present Government. Let them take the ques tion of foreign policy. What could be more unsatisfactory than the course of affairs with regard b Denmark ? It was not a question whether one party in the country was for going to war, and another for not going to war; the question was whether the Government had or had not made up its mind to go to war, end whether it had al lowed its allies to know what its intentions were. There was no doubt they had a right to maintain peace where they could do it with honour. Thera was a nonintervention they had to uphold where it was practicable. Cases of non-inter vention were of two kinds. First, where there was a strife in a country with two parties in that country, such as in America; and hero it was their duty not to interfere, as it was held not to be proper by them to interfere in the internal affairs of another nation. There were other occasions in which there arose questions between two different nations in which it might be a question with them whether they ought to interfere or not, and they should be careful not to inter vene unless they had a perfect right to do so, and their in. tervention would do no more good than harm. It was said were they to give up their moral influence ? No, they were not; the moral influence of England was the great element in the peace of Europe and the progress of the world ; but what was meant by moral influence It was not to shake their fist in a man's face, but so to conduct their own affairs and set such an example by the conduct of their own affairs that they might have a salutary influence upon others ; as in this country when they put an end to slavery they exert cised a great moral influence upon the people of the world upon the question of slavery. Where they inaugurated the doctrine of free trade, the moral influence of England was exerted upon the world in a great degree; and if they had a moral influence with regard to other nations, let them exert it, but do not let them confuse that with the show of physical igfluence which some seem to confound it with. (Cheers.) There were other questions upon which the country wanted guidance at the present time. How were they to admit a proper share of the labouring classes into the representation without overwhelming the nation ? There were questions of finance; but there was one ques tion upon which he would say a very few words, and that was the question which he thought wgs the most difficult and most important they had to deal with—be meant the relations between Church and State. In the present state of things it was scarcely possible that any proper solution of the question could be attained. There were men who sat on the Government side of the House who were anxious to maintain the Church of England, but who were so hampered by the pledges they had been obliged to give their constituents that they were unable to deal freely with the question. There was but one course for them, and that was where they had a latent feeling for Conservative :principles to send to Parliament men who would represent the Conservative cause and were men of um SUN, LONDON, FRIDAY EVENING, NOVEMBER IS, 1864. intelligent and liberal minds. It would not do to maintain their institutions by narrow-mindedness and bigotry ; but if they could get young, able, and active representatives who would forward the present and appreciate that which was good in the time past, who were anxious to improve and were not too anxious to destroy, they would be rendering a great service to their country, and he looked with confidence to the issue of the next election, as the verdict which the country would pronounce between the Conservative and the Liberal. (Cheers.) _ The Atrocious Murder on Plaistow-marshes. ADJOURNED INQUEST. Yesterday afternoon at 5 o'clock Mr C. C. Lewis, coroner for Essex, resumed the inquiry at the Bell and Anchor Tavern, near the Tidal Basin, Victoria Docks, into the cir cumstances attending the death of a German named Theo dore Christian Fuhrhop, who was found decapitated in the Plaistow-marshes on the Bth inst. The proceedings excited the utmost interest, and the court was densely crowded. The jury having answered to their names, the following witnesses were examined : Mrs Mary Ann Wade, residing at 4, Hoy-street, said she and her husband, who is a blacksmith, has lodged about five weeks in the house of Kohl, who is now in custody. The murdered man also lodged in the same house. On Thursday, the 3d inst., she saw Kohl and the deceased man, who was known as John, go out together as near possible at half - past 9 o'clock in the morning, and Kohl returned by himself about four hours after wards, when witness observed that his clothing was very dirty. He had mud on his back, and also upon his elbows. As Kohl went through the passage witness observed to him " Good gracious, Charley, where have you been to get that mud ;" and he replied that he had been riding in a butcher's cart, and he there got it. He then asked where his wife was, and witness told him she had gone to the mangle. Kohl then took a brush from the coal-cupboard and went into the yard and brushed himself. He then went out again, and said he was going to look after John. He returned about half-past 3 o'clock, and witness asked him if ne had found John. Kohl replied that he left him outside a sugar bakery, which he entered, and when he came out again found that he was gone. He also said that if John did not return in two hours he should break his boxes open. His wife, who was then present, said if they waited two hours they would not be able to take the steamer for Germany, where they intended going, and that it would then be too late to do so on that day. Kohl, after waiting some time, said he should go upstairs and break open John's boxes. He then took a small poker, and told his cousin to go up with him and see him break open the boxes. They both went upstairs, and on their return Kohl said, " John won't come back again, for all his clothes are gone." She asked if he was going to Germany, and Kohl replid no, as he had no money. He then went out again, and returned shortly after 5, when he looked very ill. Witness had a hatchet which she frequently lent to Kohl. She lent it to Kohl two or three days before John was missing, and Kohl returned it on Friday, the 4th inst , the day after John was missing. On that day she went to Kohl for the hatchet, and he gave it to her. It was not then in the same state as when she lent it to Kohl. It had been painted, and Kohl said that the handle was loose, and perhaps the paint would keep it more tight. Thomas William Hudson, of 2, Richard-terrace, Library road, Plaistow Park, said he was a labourer, and on the morning of the 3d inst. he was walking along the river bank towards Woolwich, and when about 150 yards from a red bed he saw the prisoner Kohl and the man known as John coming along together. They passed witness, who ob served that they went into the marshes amongst the reeds. John Atkins, an engineer, residing at 33, Story-street, North Woolwich, said on the previous Wednesday week he went to see the place where the body of the murdered man was found. He went by himself, and saw the place where the body was found, and then proceeded to the spot where the head was found buried. He was returning, and when about half-way between the two spots, he saw lying on the soil the knife produced, which was shut. [The knife was a small pocket-knife, with white handle.] He took it home and showbd it to his wife, who, on inspecting it, remarked, " Look at the hairs sticking out at the back." Witness then observed two hairs in the back of the knife, which he re moved, and he then delivered the knife to Police•constable Jackson, at North Woolwich. Police-constable Jackson, 260 K, proved receiving the knife produced from the previous witness, who told him that he had found it near the spot where the murder was committed. Police- constable Henry Smith, 310 K, said on the night of Wednesday week he received the knife produced from the last witness, and delivered it to 91 K, with directions to give it up at the Plaistow police-station. Police-constable Martin, 94 K, proved receiving the knife from Police-constable Smith, He returned home late that night, and therefore kept it until the morning, when he took it to the police-station, and gave it to Sergeant Bridge land. Mrs Eliza Whitmore, wife of Henry Whitmore, an engine driver, stated that she resided in the house of Kohl', at 4, Hoy-street, and had lodged there about five weeks. She last saw the murdered man on the previous Thursday week, the 3d instant. Sho saw him and Kohl leave the house to gether at half-past 9 o'clock, and Kohl returned by him self at half-past 1 o'clock, and he then went into the back yard and brushed the mud off his clothes. Witness saw Kohl again about three o'clock, end she then asked him if he had found the young man. Kohl replied no, and wit ness then said she thought John had missed him on pur pose, and because he (John) had no money. Kohl said that John had money, as he showed him XI 10s. on that morn. ing. Witness asked Kohl if he meant to go to Germany now John was lost, and he replied yes, end he then said that he would go up stairs and see if John's boxes were opon ; and he also said that if they were not open he would open them. He then went upstairs, and on his return said, " John will not come back, for he has nothing left in his boxes." Kohl then went out again and returned shortly after five o'clock. lie then looked very ill, so much so that witness asked him if he had had anything to eat on that day, when he replied that he had some dinner in London. Wit ness knew the knife produced, and she last saw it on Sunday week—that is on the Sunday after John was missing, She then saw Kohl in the kitchen with the knife. He was peel ing an apple with it. She had seen the knife before that, as Kohl used it when he put up a roller for a blind in her apartments. Kohl had stated that he lost the knife, and asked witness if she had seen it, which she had not for some days; and after John was gone Kohl said to her, " You remember I asked you if you had seen a knife in your room? I have found it in John's box;" and he then showed her the knife, which she could swear was that produced. On the night of Sunday, the 6th inst., Kohl asked witness's husband to call him up at the same time that he himself rose, which was about half -past 5 o'clock, and her husband did so. Kohl got up and went out. He returned between 7 and 8 o'clock, and witness afterwards saw him reading a book. She observed nothing particular in his manner on that occasion. Mrs Wade was then recalled, and answered various questions corroborative of the evid ence s h e gave on Satur day last before the magistrates at Ilford. Joseph Skeldon said he was cousin to the wife of the pri soner Kohl, and on Thureday, the 3d inst., he went to Kohl's house between 3 and 5 o ' c l oc k. K o hl t o ld witness that he had been out with John, and had lost him in Lon don. He then asked witness to go upstairs with hire, and see him open John's boxes. There were two boxes—those produced—and both were locked, and Kohl forced them open. There were a few things in each of the boxes, such as a pair of trousers, a shirt, and two or three collars. Kohl said to witness, " John is gone to London, and will never come back again." There Was a little white handled knife in one of the boxes. It was like that produced, but he could not swear to it. Police-sergeant Clarke, of the detective force, said on the morning of the 9th inst. he searched the house, No. 4, Hoy street, and received the chopper produced from the witness Wade. In a box upstairs, in the prisoner's bedroom, witness found four duplicates. Th e fi rst referred to a p e tticoat and shirt, pledged on Octob er 17 for 3s, in the name of Wil liams, at Darlow's. Th e second, a ring, pledged for 5s on Oct. 12, in the name of John Barrass. The third, two shirts, pledged on Oct. 19, for 2s, in the name of Cole; shawl, pl e dged on Oct. 11 for 6s, in the name of Joh n C ole. He found a p ' sto l i n a d rawer and the fourth, a downstairs, and on searching the prisoner's pocket-book found five duplicates relating to a waistcoat and hand kerchief pawned for ss, a coat and trousers for 12s, a coat for 7s, a coat for 4s, and a coat for 2s. These were all pledged in the name of John Cole, with the exception of the coat for 12s, which was pledged in the name of Scutch. In reply to questions from the Coroner, the witness stated that evidence would be forthcoming that the articles pawned belonged to the murdered man. Dr Letheby now st a t e d that ho had not yet made an analysis of th e spots found on t h e h a t c h e t an d art i c l es of clothing, and it would bo some days before he should be enabled to give the result. The coroner said it was evident they would be unable to arrive at a conclusion on that occasion, and as the case was one of great importance, it ought not to be hurried. The man in custody was a foreigner, and the charge against him was of a most serious nature. It was a question with him whether they ought to proceed further with the very impor tant evideece which was yet to be adduced unless the pri soner was present at the court. He would make application to the proper authorities in order that this might be carried out, and to prevent inconvenience as to the removal of the prisoner he thought it would be the best course to adopt to hold the next inquiry at Ilford Gaol. After some conversation on this subject the inquiry was adjourned until Wednesday next at eleven o'clock, when it will be resumed at Ilford Prison. [ADVERTISEMENT.] --Twofold Extraordinary Cure Effected by Holloway's Pills and Ointment.—Mr J. Webb, boot and shoemaker, Chapel-street, Cahircideen, Ireland, writes under date January 10, 1863, that he had been afflicted for 17 years with a most dreadful asthmatic cough and shortness of breath, and latterly Was also subject to benumbed sensations in his limb., attended with heavy drowsy feelings, which threatened an apoplectic fit. In alarm he consulted the most skilful of the profession within many miles of his residence without avail, and fruitlessly used every means recommended by friends, till he heard of the repute of Holloway's remedies, and resolved, with death staring him in the face, to give them a trial. They immediately relieved him and ultimately cured him. SPIRIT OF THE PUBLIC JOURNALS. TIMES.—Our last intelligence from the Austra lian colonies encourages us to hope that no rash steps are yet being taken there in reference to the convict question. It is one of the difficulties of colo nial government, as Burke observed long ago, that " months pass and seas roll" between the writing of a despatch and the receipt of it, so that while a colony is still angrily protesting against a supposed grievance, the announcement of its intended redress may be already on its way. We cannot but think that a little more attention to this inevitable condi• tion of correspondence with the Colonial-office would have moderated the tone of the Australian remonstrances on this subject. We never doubted, however, that the strong aversion from any contact with the convict element manifested throughout the free colonies of Australia deserved and would re ceive the gravest consideration from the Secretary of State for the Colonies. To entertain such a ques tion from the colonial point of view is in effect to decide it in favour of the petitioners, for, whatever rights may belong to the mother country, no English statesman would think of enforcing them, for the sake of an - object so trifling, against the public opinion of large communities so nearly concerned. We have now the pleasure of stating, what is no longer a secret, that no such policy is contemplated by her Majesty's Government, and that, subject to the approval of Parliament, transportation to the Australian Continent will cease within a limited period. No one who has followed the published communications between the Colonial Department and Australia since the report of the Commission on transportation and penal servitude will be ult. prepared for this resolution. In January of the present year the Duke of Newcastle, in pursuance of a pledge already given, intimated to the Governors of the Australian colonies the determination of the Government not to carry out the main suggestion of that report—that an increased number of convicts, estimated at about 1,500 annually, should, during the latter part of their term of punishment, be sent to Western Australia, After vindicating the motives. of the Commissioners, and adverting to the reasons which had convinced them that such a measure would inflict no injury on the other colonies, he amply recognized the importance of the addresses received from the latter, " as representing not only the numbers, but also the property, the intelligence, and the character of those communities, and as ex pressing not mere popular prejudice, but deep feel ings and moral convictions." He repudiated indeed the Australian Monroe Doctrine, " that the settlers in certain portions of a vast territory belonging to the Crown have any general right to dictate what shall or shall not be done throughout the whole of it." But he promised that the number of convicts thereafter to be transported should not exceed the former average, which was little more than 500 annually; and ho consented to abandon the system of conditional pardons. Moreover, he distinctly pointed out that these concessions had been made in deference to the wishes and interests of the Eastern Colonies, thereby admitting the superior weight of that consideration to ail others. From these propositions the float discontinuance of transportation to Australia is little more than a logical conclusion. The limitation of number and the abolition of conditional pardons failed to quiet the apprehensions of the free colonies. They con tinued to reiterate all their old objections to any transportation of convicts to the shores of Australia, and they succeeded in showing that no precautions had sufficed to prevent their immigration into their own territories. Whether those complaints were more or less exaggerated, and whether they were expressed in terms more or less becoming, is a secondary question. What Mr Cardwell had to consider, on:succeeding to office, was simply whe ther imperial interests or those of Western Australia were so involved in the maintenance of transporta tion that they ought to outweigh the discontent of all classes of society in the rest of the continent. To admit the first of these suppositions would almost be equivalent to justifying the storm of thoughtless indignation against English selfishness which has been raised in Australia. If we transported gar rotters out of mere solicitude for the security of our own throats, we should merit the more reasonable of the loose imputations cast upon us. Every one in this country knows that the revival of transpor tation was advocated on very different grounds from this, and that it is only by a figure of speech that it c in be attributed to a panic in the winter of 1862. One of these grounds, and by no means the least material, was the earnest desire of Western Australia to avail itself of convict labour. Remem bering that only 26 years ago the very same feeling was loudly expressed in New South Wales and other penal settlements, we cannot consent to treat it with contempt when expressed by Western Australia. At the same time no Government could shut its eyes to the enormous disparity, numerical and otherwise, between the promoters and the op ponents of Australian transportation. On the one side we have a population of some 16,000, a revenue of some /60,000, and a trade amounting in the ag gregate value of imports and exports to some £300,000. On the other, we have a population of some 1,330,000, including New Zealand, a joint revenue of some £6,300,000, and a trade of some £57,000,000. If Providence itself favours the stronger battalions, Government must lean to the more important interests. While the expediency of gradually abolishing transportation to Australia was under anxious discussion in the Colonial and Home D.3partments a most interesting event was reported to the Secretary for the Colonies by the Governor of Western Australia. It was na lees than the discovery of a fertile tract, containing be tween five and six millions of acres, in the North. western part of that colony. Mr Panter, the leader of the exploring expedition which opened out these new plains, called the " District of the Glenelg," describes them as clothed with the finest pasturage, capable of carrying upwards of 3,000,000 sheep, besides forests of timber trees, and land available for agricultural purposes. This discovery could not fail to mark an epoch in the history of Western Australia. When a now country is thrown open for settlement in Australia the admission or non admission of convict labour becomes a matter of the first moment, It is analogous to the alternative between free and slave labour in the American ter. ritories. If the latter be tolerated the former will be repelled. It would have been possible, no doubt, to place the new settlement un der different regulations from the old, but had this arrangement been made the fetid now existing between Western Australia and the Eastern Colonies must have arisen in an aggravated form between the North and South of Western Australia itself. There was a judicious way, and one only, of meeting the difficulty, and that was to cut the knot of it and solve the convict question by the same stroke. This is now to be done, and although it must be some years before suc h a change can be fully carried out, and come months before it can even be sanctioned by the Legislature, we may practically deal with it as a fait accompii. It re mains to find a substitute for transportation to Australia, and it would be much to be regretted if this inquiry should be hastily foreclosed. The abandonment of Western Australia as a penal settlement does nut dispose of the theory of penal settlements, or answer any one of the many argu ments that have been advanced in their favour. The comparative advantages of an additional con vict prison on a very large scale and of a new con vict establishment on some uninviting coast have still to be balanced, If economy were the only thing to be considered, and if turning thieves loose in a densely peopled country were not a wasteful prac tice, we should keep our convicts at home, for the prodigious expense of sending them across the ocean is in itself one reason for giving up transportation to Western Australia. Other elements, however, must enter into the calculation, and among them must be numbered the far more profitable invest ment which a newly-occupied country offers for their labour. It was to this that New South Wales owed its early prosperity, and there is significance in the remarks of our Sydney correspondent on the delicate reticence of society in that colony with respect to convict ancestry. The sooner it becomes a forbidden subject in the polite circles of Western Australia the better for them, too, whatever incon venience may be felt ; and it is gratfying to know that even this will be sensibly diminished by the results of the recent discoveries. POST,—The address with which the Viceroy of Poland has opened the session of the State of Council of that country recalls to our minds the sad trials through which the most unfortunate of European nations has recently passed. If the Hibernicism might be permitted, we might say that Poland had again received a deathblow, and again we might reiterate the cry of "Finis Poloniae." There is nothing so successful as success, and Gen. Berg may bo excused for giving free vent to all the ecstasy of self congratulation. Whether it be true to assert that " the present Government of the kingdom is called to the task of rebuilding the shattered edifice in order to repair the damages Poland has inflicted upon herself," it might be hypercritical to inquire ; and whether the statement that the Russian Govern ment " belongs to the number of those in Europe which are least in financial difficulties" is entirely accurate, is a matter which concerns the Government alone. The address of Gen. Berg, however, reminds us that the time is not so very far dietant when Poland actually stood in arms against her oppressor, and when the National Government of the one and the Imperial Government of the other issued mani festoes of a very different kind. The one was a pro. clamation addressed to the Polish nation by the National Government, the other a rescript of the Czar, initiating a variety of educational reforms in Poland. In both documents an appeal was made to the sympathies of the people, in both a happy and prosperous future was anticipated with confience, and in both the true secret of national contentment was stated to repose in the hands of those immedi ately interested in accomplishing such a result. But nevertheless the language, the counsel, and the ap peals contained in the manifestoes of the established and of the revolutionary Governments were entirely different. "Pursue with unabated vigour the efforts which for the past 18 months you have been making to recover your national independence, and success will reward your labours ;"—such was the language of the secret Government which, notwithstanding the apparent extinction of the insurrection, still affected to direct the movements of the Polish nation. "Dismiss intrigue, rest satisfied with the form of government to which you are unavoidably subjected, and permit your children, both sons and daughters, to receive their education at the hands of the State"—this was the language of the Imperial Government. Though it would be scarcely probable that either the Russian authorities on the one hand, or the leaders of the Polish insurrection on the other, could devise a means by which the ills of Pus land could be effectively remedied, still the publicae tion of manifestoes so totally different in their nature naturally induced doubts as to the fitting policy for the Polish nation to pursue at a time w hen, to all appearances, it lay utterly helpless at the feet of its mighty oppresser. Whether the Polish National Government at present exists we cannot of course pretend to say, nor are we in a position to deter mine with what justice, a short time since, they might claim to be the exponents of the general opinions of their countrymen. It has been the raise fortune of the Poles that, although unanimous in their hatred of Russians, they have not been of one accord among themselves, and the successive leaders of different national movements have not unfre quently regarded each other with feelings scarcely different from those which they entertained for their common foes. The principal object of the manifesto recently issued was to show not only that the policy pursued by the insurgent chiefs was radically wrong, but that, late though it is, the Polish nation might still, by adopting a different course,, vindicate its national independence. Ia its inception the incur. rectioo, we are assured, was set on foot, totally in dependent of all hopes of foreign intervention, and the error subsequently committed consisted in its being changed into an armed demonstration, with the sole object of obtaining foreign intervention. Any one, however, who considers the relative po sitions in which Russia and Poland stood must feel convinced that, except by foreign aid, Poland never could achieve her independence. The Poles are brave, and in respect to numbers they are far from contemptible; but the complete isolation of their country would alone preclude the possibility of success. In the recent insurrection they bad not only the Russian Government to con tend with, but also those of Prussia and Austria. They had not merely a foe to crush in the heart of their country, but enemies to thwart who literally encompassed them on every side. But despite the hopelessness of their cause, the extraordinary value of the prize for which they fought still cheered them ou. They might be subdued, but they never could acknowledge that they felt despair, and accordingly the National Government, when the insurrection was virtually at an end, once more called the Polish people to arms, and, so far as promises could go, ensured to them success as their ultimate reward. It was difficult, however, to view this manifesto in a serious light. If Poland hopes to secure her independence without material assistance from abroad, she will be disappointed, and the experience of the past eighteen months ought to render it un necessary to tell her so. The Polish loaders might be right in saying that if the Russian Government continues to depopulate whole districts and trans• port their inhabitants to the wilds of Siberia, and if every individual whom the authorities choose to consider as obnoxious can at will be driven into per petual exile, such a condition of things, so far as regards its evil consequences, is not a whit better than a state of war. But this would not prove that it would even aggravate the horrors to which the Polish nation was lately exposed. The Poles have made a gallant struggle to shake off the Muscovite yoke, and they have failed. It is unfortunate that the result was not otherwise, but under the cir cumstances they have no other choice but to accept their hard lot with what resignation they may. Turning from the proclamation of the National Government to the rescript lately issued by the Czar, it would certainly seem as if the Russian Government were desirous of adopting measures well calculated to improve the social condition of the Polish people. A most comprehensive scheme of national education was devised, and schools for both sexes were forthwith to be established throughout the kingdom, It was proposed that these schools should be of different classes, namely, supe rior, middle class, and elementary, and that the language in which instruction was to be conveyed should be that of the children frequenting them. Poles, Russians, and Germans would be taught in their respective languages, and the solo object of the Government seemed to be to give to the rising generation, no matter what its nationality, a sound education. It is idle, however, to hope that the Poles will not detect in these apparently beneficial inert. sures some covert attack upon their independence. They will doubtless argue that as Russia has hither to endeavoured to trample out every spark of intel ligence in Poland, and as a high order of education does not predispose a people to accept despotic institutions, the object of the Government must be to train the rising youth in such a manner as to obliterate those aspirations for liberty which have hitherto led to ceaseless conflicts between Poland and Russia. There can be no doubt that the Czar hopes to see a more submissive generation succeed that with which he has now waged so bloody a conflict, but it is not clear that he intends to accom plish that end by unworthy means. The Czar is probably sincerely desirous of seeing an amicable union established between Russia and Poland, and would willingly make any concession to the former calculated to attain that end, without, at the same time, enabling her to vindicate her independence. if It is," as Lord Palmerston on one occasion ob served, " a groat misfortune to succeed to the inheritance of a triumphant wrong," and some allowance ought to be made for the difficulties of the situation in which the present Emperor of Russia finds himself placed. Extraordinary Confession of the Murder of a Police-Constable. Edward Fisher, of 4, Stamford-place, East-land, Old Kent-road, wire weaver, was placed at the dock, at the Greenwich Police-court, yesterday, before Mr Maude, charged, on his own confession, with having thrown Police constable John Butler, 135 M division, into tho Surroy Canal, at 11otherhithe, whereby he was drowned on the 31st August, 1862. Mr Inspector Mooro attended to watch the caso on the part of the Commissioners of Police. Tho coroner's jury, at the time of inquiring into the circumstances attending the death of the deceased had returned an open verdict of "Found drowned." David Robinson, sworn, said—l am in the employ of a cab proprietor, and reside at 18, Thornton-square, Camber well. On Thursday evening last, I was at the Hope-Pole beer-shop, Old Kent-road. The prisoner was there, and asked me and my mate to have something to drink. We sat before the fire talking, and seeing the prisoner had a cut over one of his eyes I asked him what was the matter. The prisoner said ho was coming along the Kent-road and knocked up against some cups and saucers belonging to a coffee-shop keeper; that a constable took him back to the shopkeeper, who told the constable not to lock hint up, as he could pay for it. The prisoner then asked me if I re collected a policeman being drowned about three or four years ago, and he then said, " I was going over Mill Pond Bridge with two or three others, when the policeman wanted to lock us up, and I and the others pushed the con stable over the bridge." I asked the prisoner if he never thought anything of it, and he replied, " Yes, I do. At that time I was a very stout young man, but I have been wast ing away ever eince." Mr Boustead (chief clerk)—Was the prisoner sober P Witness—He had been drinking, but he was not drunk. Mr Maude—What did you do when you heard this from the prisoner Did you go to the police-station Witness—l did not. I spoke of it to a cabman, who I believe went to the police station. William Skipper said ho was at the Hop Polo beer shop with the last witness, and confirmed his statement as to the conversation with, and admission of, the prisoner. By Mr Maude—We had been half an hour sitting before the fire when the prisoner commenced talking about the policeman. I had before seen him in the house, but did not ask who he was. John Timothy Hughes, a detective officer of the M divi sion, said—From some information given at the chief police office I was employed to apprehend the prisoner. Last evening I met him in Surrey-square, Old Kent-road. I called him by the name of Fisher. Ho turned round, and I then asked him if his name was Fisher. He said " No, my name is Jones." I told him he was accused of having pushed a policeman into tha canal in August, 1862, when the prisoner remarked, " It was only a lark, I did not mean anything by it." I then took the prisoner to the station, Mr Maude—Have you any other evidence ? Hughes—There were some witnesses examined on the in quest, but I have not yet had time to get them here. The prisoner, in answer to the magistrate, said he did not know what he was talking about, as he was drunk at the time. He recollected the policeman being drowned, having first heard of the occurrence from a fellow-workman. Mr Maude—Having made the statement sworn to, you cannot complain if you suffer unjustly. It may turn out, upon inquiry, that your conduct has arisen from a foolish morbid feeling, but it is my duty to remand you until this day week. The prisoner was thou removed in Custody. Primrose Hill Shakspeare Memorial. At the usual weekly meeting of the Electit 1`,7 held on Wednesday at St. John's Gate, Clerkensfe:: Mr Richard Moore in the chair, the following r 4 ports were made :—The chairman reported that , council of the Amalgamated Engineers ba de he t pressed a willingness to include some notice `llo movement in their next quarterly report c),i associated branches throughout the United dom and the colonies, and the council would furtbet supplement such notice by commendatory 0 101 ; 1 tions of their own. Mr G. L. Banks rep ort r letter received from Messrs Falconer and Ch atter ton, of Drury Lane 'Theatre, to the effect t , h ir every person engaged upon or about that establi:ii4 ment—including the company, orchestral 6ce oto artists, ballet, stage carpenters, property gl en ' a, pernumeraries, money and check takers, boxkeelit j'eci cleaners, bill posters, &c., in all 1,198 persc ul f left subscriptions in the Treasury on behalf %, ri, Shakspere Memorie.l Fund. Mr Alfred Shak o 4 o . l reported the result of an interview with the c) . 0 1 mittee of the Society of Compositors which 18 : dgt a most favourable character. Mr John Bain bri , reported the formation of a committee in aid, tbt parish of Islington. Similar committees sc er ' course of formation in other districts. Mr / i l i r ; Cremer reported that the experiment of elliPle members of the Corps of Commissionaires as c° tors had been most successful, and it was pr°l7:'t to take advantage of the services of that b ( l e , the fullest extent possible. Several new pl e°l l v, having been added to the Honorary Council , an", 0 general committee, and other important b ll.O transacted, the meeting broke up. LAW INTELLIGENCE—Nov. 5 COURT OF EXCHEQUER. Sittings in Banco—(Before Lord Chief Baron rollo6l‘ Barons Bramwell, Channpll. and Pigott). MILLER V. SILEE—BETTING MEN. This action was brought by a commission agent eon be l , l with the turf, to recover from the defendant, who Ord ting booths at different races, a sum of £5O, which its '0 he lent him upon Epsom Diwns on the Oaks DaY4 plaintiff gave a very circumstantial account of the tr 9 " .v ; action, but the defendant positively denied that he for the loan or received the money. The trial took P iBe- tt Cambridge before Mr Baron Bramwell, when the ju t lieved the defendant's story, and gave a verdict for itr During the present term Mr Keane, Q C., on behalf °f`ii plaintiff, obtained a rule to set aside the verdict an d ei now trial, and it now came on for argument. It APP e „" from the plaintiff's affidavits that he gave the mollel:d defendant in notes, but took no receipt, and that a° Al these notes had been traced to a person named GreY' said he had obtained them from the defendant 01° of after the Oaks, but refused to make an affidavi t effect, on the ground that it was a transaction b et oo r, betting men, who settled their disputes without re° to law. , Mr Metcalfe, on behalf of the defendant, showe d olt against the rule, and submitted tbat tho plaintiff 0115 a have given his evidence:as to the notes at the trial, having omitted to do so the defendant ought not to posed to the risk and expense of a new trial. The Lord Chief Baron—Does Gray make an al. --,Thioit the part of the defendant ? Mr Metcalfe—He makes an affidavit on neither si de ' Mr Keane said ho could have applied to one e f t # lordships to compel him to make an affidavit, b_ 4 4 plaintiff allowed the four days allowed by the O w , that purpose to pass by without taking any steps matter. i4 Mr Baron Bramwell--Do you, Mr Metcalfe, affidavits, give any explanation of this matter ss notes P Mr Metcalfe said he did not. The Court said that under those circumstan ce must make rule for a new trial absolute—the costa t° the event. Rule absolute. COUNTRY MARKETS. ISTOL—T . 2 1 °1 A fair supply BEnglish wheat HURSDAY which met a 0 - c op.., at the prices at last week. Foreign held for an au;olw., 6d per qr, which prevented sales. Malting barley' supply, the better kinds scarce, and at fully late ta r ' ee s ferior dull, and fully Is per cheaper. Oats in tair,de end no dearer than last week. In beans, maize, a' articles a moderate trade doing. BURY ST. EDMUND'S—WEDNES IO ; to , There was a large supply of wheat at this malnio which sold freely at last week's rates. The .ho",,V was very largo, anti inferior sorts were fully 26 ph' cheaper. BIRMINGIIAM—TuunsaIY. A slow demand for English wheat in our market yr pp with an increased supply from the dealers, but yer a , from farmers. Last week's quotations were no t lower, Fine barley in better inquiry, and at rocl r re ffi,% In oats, beans, and peas about previous rates wc'oo,,' —English wheat was sold at 40s to 44s for whi t !-',; to 40s per 36 stone for red, Barley, new nialtli;t o "; 36s per qr ; grinding, 23s to 265. Oats, old, r e ,,pel per 30 stone ; 198 to 245. Beans, 44s to sv" peas, 38s to 40s per 36 stone. MANCHE STER—THURSDAY. o' 2 There was a thin attendance at our market hPleofoi, ing, and fine English wheat ruled firm, but other e po". o , well as foreign, were neglected. Flour was ratlicrop,, only the beet sorts supported last week's prices. eOv steady, and oatmeal must be noted at rather Dior Beans and Indian corn unaltered. --.-- EDINBURGH GRAIN—WEDNEsp O ', i To. day there was a small supply of country Vt 'h e met a heavy sale at late rates. 9,1 Wheat on the top 5s Od down average 1 5 tid Barley on the top is 6cl down average 00 13 4 Oats on the top 2s Od down average 0 Beans on the top Os 6d down ..average 40 Total Supply and Sales. 0 Wheat ... 773 qrs Sold 459 (1 1 .3 8ar1ey........31b0 qrs Sold 1676 11 ,0 Oats Beans lO3 qrs Sold 9 4 Average Prices. 1 9 Wheat., Barley 27s Od I 8ean5.......... 3 . :•ai ' Town. made flour sells as follows :—White, 1 superfine, 355; superfine, 335; fine, 31s. GL ASG W—WEDNESDAY. deA p p At this day's market the wheat trade was 1 13 9 c ipe i 0 tone, and held for late rates. Barley dull, and p i ,„ '4l cheaper. Oats firm, but there was an inactive 0 1 %;f1P' steady. Beans and peas ware the turn in favour Maize was easier. Foreign Mail Packet List• MAILS DUE. /40' 11 Australia and Mauritius, via Southampton...o ''Ve 4 ' via Marseilles: ....... '' 9 0 7,1 Brazil and Cape 'Verde, by British packet. ...• "14 0 1 Cape of Good Hope, Ascension, and St. He100"1,10'4 China, Penang, and Singapore, via Southampt o3 's oll via Marseilles 0' 1 Falkland Islands .... .. i ./Of f l l Gibraltar via Southampton ................. 'DP i India (Calcutta), and Ceylon, via Southaniptop•'.o 6 i via Marseilles. o '/ , 4, 1 India (Bombay), via Southampton ........... ' pi° i via Marseilles ...... ...lip •,- Portuga 1.... Malta, Egypt, and Adcn, via Southampton .... 'PI i , via Marseilles ....... ',To Newfoundland Oporto and Vigo U. S. and British N. America, by ii;i1:;:aa . 0;::: :14° I; by U.S. packet..•*%.lo' I by Canadian pacls e p l , W.C. of Africa, Madeira, and Teneriffe ........ .:I , • ° ' West Indies and Pacific .. ..... • ..pe c Bahamas (via New York) ............. ' / 4 , , Bermuda (ditto) ........... 2, i Cuba and Mexico ......................... . i .-"."'.......-- Births. j s ll. BLITHE.--On the 16th inst., the wife of 131 0116 r 4 10 Esq., of llerne-hill, Surrey, of a son, t 'l l° BOWLBY.—On the 16th inst., at Sandhurst? DI: Bowlby, 64th Regt., f a daughter. 0 30 11 INGLE.---On the 16th inst., at 2, Tho Grove, r 3c Lee, Mrs. J. B. Ingle, of a son. 1. if ° Qi NAPIER :7 Ou tha 16th inst., at Southsea, 4.6 Gerard J. Napier, R,N,, of a daughter. Marriages. 00 l 4 li ti CATHCART---HENEAGE.—On the 15th inst., 0 0 1 0 .7sO Piccadilly, Florence Margaret Isabella, 0 0 , 11 4 ;ott Sir John and Lady Eleanor Cathcart, tol o " Heneage, of the Coldstream Guards. r miet t el s FULLER—Ho WLETT.—On the 16th inst., at. - oett l Brixton, Samuel B. Fuller, 61, Pall-mall , ',DI 40 ° ' rietta, eldest daughter of Mr. Howlett, of ),- 10 Deaths. .00 Cot BEGBIE.—On the 16th inst., at 6, Arlingtotsrdi A r t . Peter James Begbie, Major-General Dla ur— Pi aged 60. 6 10/ 4 1,P BORTHWICK.—On the 13th inst., at Gre at lop.- Jo garet, widow of the late Peter Borthwie Corti Wei' $ Evesham, aged 69. r oviov' 0 10 DAVEY.—On the 16th inst., at Redruth, v° - c etito‘ Davey, Esq., aged 80. freciat HOUSTOUN. —On the 16th inst ,atT or qu a l , 0 V 1 of the late Sir Robert Houstoun, N.C''''' ton, N.B. t , 3 il l ay HOWTH.—On the 14th inst., at Torqualt, -1:1 f 10, 41 ,e St. Lawrence, third daughter of the ila r lyillir6s , PEMBERTON.-0/1 the 15th inst , at 1 0, ag e Lowndes-square, Henry Pemberton, B 14" $l Ol e ne P London : Printed and Prblished by Wll4—„ - ,„, o w-, 1 0. 11 of No. 112, Strand, Printer, at ToZ P L ", tbir' Strand, in the Preoinot of the SavoY, Noyember 16,16 -